SWATANTER KUMAR, J. - (1.) SCOPE , ambit and limitation on exercise of discretion by a Public Prosecutor while filing an application under Section 321 of the Criminal Procedure Code is the paramount question that falls for consideration in the present case.
(2.) THE State through the Public Prosecutor filed an application under Section 321 of the Code for permission to withdraw the prosecution against Mr. Navjot Singh Sindhu and his co-accused Rupinder Singh Sandhu, which was dismissed by the learned Sessions Judge, Patiala, on 9.8.1995. It is this order of the learned Sessions Judge which has been assailed in the present revision petition i.e. No. 589 of 1995 by Navjot Singh Sidhu and his co-accused Rupinder Singh Sandhu. Against the same order, another revision has been preferred by the State of Punjab, being Criminal Revision No. 666 of 1995. F.I.R. No. 244 dated 27.12.1988 was registered at the instance of Jaswinder Singh son of Pritam Singh of village Mandi, Police Station Julkan, under Section 304/34 of Indian Penal Code. The case set up by the complainant was that on the day of occurrence, he along with his uncle Gurnam Singh and one Avtar Singh who was the nephew of said Gurnam Singh were travelling in a Maruti Car. Gurnam Singh deceased was driving it. When they were passing through the bazar known as Sheranwala Gate, in the meanwhile one more vehicle bearing registration No. PAD-6030 was found standing on the front of the car of the deceased. Gurnam Singh was about to overtake this vehicle as the vehicle in front of their car bad blocked the passage. Other vehicle which was in front of them, was being driven by a person which was having hair-cut. When the complainant and others asked the driver of the said vehicle to move their vehicle from the place, then one Sikh person namely Navjot Singh Sidhu came out of the said vehicle. It is alleged by the complainant that immediately coming out from the vehicle, Navjot Singh Sidhu Accused started abusing while Gurnam Singh, Avtar Singh and Jaswinder Singh objected to it. The complainant also alleged that he could identify Navjot Singh Sidhu because he was a cricket player of international level.
(3.) SAID Navjot Singh Sidhu accused dragged Gurnam Singh out of the car and started giving him fist blows which hit Gurnam Singh on his left temporal region and this accused also gave kick blows on the left knee and other parts of the body. The complainant Jaswinder Singh came out of the car in order to save Gurnam Singh, but in the meanwhile the person (Rupinder Singh Sandhu) who had hair-cut came out and he also started giving fist blows. Thereupon Jaswinder Singh complainant raised alarm "Mar ditta, Mar ditta". After causing the injuries both the accused ran away from the placed of occurrence in the said vehicle and they also took the keys of the car of the complainant party.;